Terms of use
IMPORTANT - PLEASE READ CAREFULLY
These are the Terms of Use and Privacy Policy ( Terms ) which govern the use of the Web Jingles Online site at www.webjinglesonline.com ( Site ). The Terms contain important information about your position under applicable law and regulations when using the Site. Please read the Terms carefully. By accessing the Site, you agree to be bound by the Terms, as amended from time-to-time, regardless of whether you register as a user. It is your responsibility to bring these Terms to the attention of anyone who may, through you, view material on the Site. If you have any questions, please contact Web Jingles Online at info@webjinglesonline.com .
1. Introduction
1.1 This Site is owned and operated by Web Jingles Online ( WJO ) for the distribution of jingles online. The Site is supported by sponsoring organisations and advertisers ( Sponsors ) whose names appear on the Site and whose own sites can be accessed by Internet links from the Site.
1.2 Most areas on the Site are only available to registered users who have gone through the registration process. Access to the Site is free.
2. Conditions of Use and Intellectual Property
2.1 All rights in any material on the Site, including without limitation the jingles ( Content ) belong to WJO or its third party licensors and are protected by copyright, trademarks, service marks and/or other proprietary rights and laws of Australia and other countries. All information and other elements on the Site are also copyright works and you agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site or in the Terms. WJO may grant rights to third parties to use the Content in its sole discretion.
2.2 You agree to use the Site and the Content in accordance with these Terms and the relevant terms and conditions applicable to your use of the Content (whether under a license option or an assignment option as further described in the Site). You further agree not to use, transfer, distribute or dispose of any Content in any manner that might compete with the business of WJO.
2.3 Subject to the above, you may download Content from the Site, use and store the Content in electronic form on disc (but not on any server or other storage device connected to a network) but you may not reproduce, modify or exploit any of the Content for commercial purposes unless expressly permitted by WJO pursuant to a separate agreement.
2.4 Web Jingles Online is a registered business name and may not be used without the express written permission of Web Jingles Online.
2.5 You are responsible for procuring the necessary equipment and the payment of telephone and other charges necessary to access the Site.
3. Registration
3.1 In order to access the Site, you will need to follow a registration process and select a User ID and password. You will provide WJO with certain necessary details, all of which must be accurate, complete and up to date. It is your responsibility to update WJO immediately with any changes to the information provided by e-mailing: info@webjinglesonline.com .
3.2 Your registration is personal to you and you are responsible for maintaining the confidentiality of your password and User ID. You shall be responsible for all use of the Site made by anyone using that password and User ID. Any unauthorised use of the Site and/or of your password and User ID should be notified to WJO immediately by e-mailing: info@webjinglesonline.com .
4. Data Protection
WJO and you agree to comply with applicable data protection laws. Subject to the Privacy Policy below, which forms part of these Terms, normally, data relating to you will not be disclosed to any third party without your prior written consent.
5. Interactive Services
5.1 The Site may contain bulletin boards, discussion groups and other public areas that allow interactivity between users and feedback to be provided to WJO ( Interactive Areas ). WJO does not control and is not responsible for the information and/or materials posted to Interactive Areas ( Posted Material ) but reserves the right without reference to any third party to delete, move or edit any Posted Material or part thereof. It is a condition of your access to the Site and to the Interactive Areas in particular that you waive all rights (legal, moral or otherwise) in any Posted Material.
5.2 You are responsible for the content of your Posted Material and must comply with any additional rules which may, from time to time, be issued at particular locations within the Interactive Areas. In particular, you may not within the Interactive Areas:
|
(a) post, publish or link to any information obtained in breach of confidence or which is otherwise contrary to applicable laws or regulation; (b) post, publish or link to any information or messages which are obscene, defamatory, threatening, degrading or which infringe copyright or any other rights of any third party or which are otherwise unlawful; (c) post, publish or link to any advertising or promotional material or any chain e-mails, "spam" or mail bombs; (d) impersonate any person, company, group or entity or misrepresent a relationship to or with any of the same; (e) post or publish any information or messages containing a virus or other harmful component; (f) disguise the origin of any message; (g) collect or store other users' personal data; or (h) prevent or restrict the use of the Site and the Interactive Areas by other users. |
5.3 By accessing the Interactive Areas, you agree to indemnify and hold harmless on demand WJO from all claims, costs and expenses (including legal and other professional fees) which WJO might suffer arising out of any of your Posted Material.
5.4 You acknowledge that WJO does not have control over the users posting messages to the Interactive Areas. As a result, WJO cannot guarantee the veracity or accuracy of Posted Material. All use of the Interactive Areas is at your risk. You should not rely on Posted Material in any way.
5.5 Representatives of WJO may also submit Posted Material to the Interactive Areas. In doing so, such representatives shall act in a personal capacity and any views they might express shall not be considered as the views of WJO .
5.6 You hereby agree to grant WJO a non-exclusive, perpetual, royalty-free license to use, reproduce, modify, license all or part of your Posted Material, including a right to license third parties to do the same.
6. Linking
6.1 You may create a link from your web site to the home page of the Site provided that you complete the Website Linking Registration Form at www.webjinglesonline.com and provided that you do not link to the Site from any site containing obscene, defamatory, threatening or degrading material or material which infringes the intellectual property or other rights of any third party or which is otherwise unlawful.
6.2 Upon linking to the Site pursuant to these Terms, WJO shall grant you a non-exclusive, non-transferable, royalty-free license to use the WJO business name solely for the purposes of providing an underlined, textual link from your web site to the Site. No other use of the WJO's business name is permitted without the express prior written permission of WJO .
6.3 The potential linking to an internal or subsidiary page of the Site located one or several levels down from the home page ( Deep Linking ) or the bringing up of or presenting Content within another web site ( Framing ) is not permitted without our prior written permission. You must seek and obtain the prior written permission of WJO before Deep Linking or Framing the Site or any Content by contacting WJO providing:
|
(a) your name, e-mail address and telephone number; (b) the name of your company; (c) the web address(es) where the proposed Deep Linking or Framing will occur; and (d) specific details about the contemplated Deep Linking or Framing. |
7. Links to External Sites
7.1 The Site contains links to other web sites provided by Sponsors or other independent third parties ( External Sites ), either directly or by framing. WJO shall not be responsible for the availability or content of External Sites and will not be a party to, or responsible in any way for, any arrangements regarding goods or services available from such External Sites.
7.2 The Site may be used to license or purchase jingles from WJO or it s third party licensors pursuant to separate agreements. Any such agreements will be exclusively entered into between you and WJO or the relevant third party and you agree to be bound by the terms and conditions of such separate agreements.
8. E-mail
WJO may give the option to subscribe to its e-mail news service through the Site. Your use of that service and any Content shall be subject to these Terms.
9. Third Party Content
The Site may, from time to time, contain contributions from independent third parties as well as advertising and sponsorship. Each such third party, advertiser and/or Sponsor shall be responsible for all aspects of the material they submit and WJO shall accept no responsibility for any errors or inaccuracies in any such material.
10. Competitions and Prizes
From time to time, WJO may run competitions, prize draws and promotions on the Site. These shall be subject to additional terms and conditions applicable in each individual instance and which shall be made available at the time of such competitions.
11. Changes
WJO shall have the right at any time, in its sole discretion, to make modifications, additions or deletions to the Site, the Content, the Interactive Areas and these Terms. Any changes to these Terms will be notified to you by e-mail or by publishing the revised Terms on the Site. By continuing to access the Site following a change to the Terms, you agree to be bound by any changes thereto.
12. Representations, Warranties and Indemnities
12.1 You represent, warrant and undertake that:
(a) you have the capacity to enter into any agreement referred to in these Terms or the Site;
(b) you will not infringe the copyright or any other intellectual property rights of WJO;
(c) you will comply fully with the Terms and the terms and conditions of any agreement referred to in these Terms or in the Site; and
(d) you will not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit the Content or the Site other than as expressly permitted herein or in the Site.
12.2 You hereby agree to indemnify and hold harmless WJO and keep WJO fully and effectively indemnified on demand against all costs, claims, damages, liability and expenses (including any professional fees) which WJO might suffer by reason of a breach by you of the Terms and in particular any of the above representations. For the avoidance of doubt, this indemnity shall extend to any losses which WJO may suffer as a result of the use by third parties of your password and User ID.
13. Disclaimer and Limitation of Liability
13.1 The Content on the Site is provided by WJO for your general information only, is provided on an "as is" basis and is not intended to address your particular requirements. All arrangements made between you and any third party named on the Site are at your sole risk and responsibility.
13.2 WJO makes no warranties or representations, whether express or implied, in relation to the Site, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
13.3 WJO also makes no warranty that the Site will meet your requirements or that your use of the Site will be uninterrupted, timely, secure or error-free.
13.4 WJO obtains the Content from a number of sources and disseminates the same over the Internet (or other interactive electronic platform). As a result, WJO is not able to and gives no warranties in respect of the Site and / or the Content. The Site is provided on an "as is" basis and, to the extent permitted by law, any implied warranties of merchantability or fitness for purpose and any warranties relating to accuracy, completeness, standard of workmanship and level of care and attention are expressly excluded.
13.5 To the extent permitted by law, you agree that WJO shall not be liable for any consequential or incidental damages (including but not limited to any financial loss and loss of business or profits) or for failure to meet any duties even if WJO or its representatives have been advised of the possibility of such damages arising.
13.6 In the event of any damages arising out of your use of the Site, you agree that such damages shall be limited to the higher of the total amounts paid by you to WJO in the last month and the sum of AUD500.
13.7 Notwithstanding any other provisions of the Terms, nothing shall limit WJO 's liability in respect of death or personal injury caused by WJO 's negligence.
14. Privacy Policy
Online takes the privacy of its customers very seriously and will only collect information in order to fulfil your orders and to provide information via our e-mail discount offers. This Privacy Policy sets out our information-gathering and dissemination practices for the Site.
14.1 The Site will comply with the relevant Australian data protection laws, so normally any personal details to be provided to us will not be disclosed to third parties outside WJO without the user's consent.
Users should be aware and accept that, if WJO is requested by authorised third parties or regulatory or governmental agencies investigating illegal activities to provide information concerning users activities whilst using the Site, WJO shall do so.
Similarly, WJO will disclose users' personal information if WJO is compelled to do so by law. WJO reserves the right to notify or provide such information to the relevant authority if, in our sole opinion, WJO believes an emergency, illegal activity or some other reasonable basis exists for us doing so.
WJO reserves the right to store and use users' personal information solely for its own internal purposes and WJO further reserve the right to access, monitor and retrieve password-protected information in order to fulfil our obligations in these terms and conditions.
14.2 Registration information we receive from users is used by WJO as follows:
|
(a) to process your orders and communicate with you in relation to such orders; (b) to respond to your request for information; (c) to send you discount offers; and (d) to provide our Sponsors with aggregate information about our User base and usage patterns. |
To process an order, we require your name, e-mail address, credit card number and expiry date. The credit card information provided when you purchase a product from us is processed through a separate website that features best industry standard protection and encryption processing system. WJO does not have access to your credit card number, and none of your credit information is stored on our server. WJO does not sell mailing lists or user information to any other companies or individuals.
14.3 WJO and you respectively agree that, in addition to any other standards of confidentiality or privacy agreed between us, each of us will:
(a) take reasonable steps to ensure that any personal information disclosed or held in connection with the use of the Content and access of the Site is protected against misuse and loss, and from unauthorised access, modification or disclosure;
(b) not disclose any personal information without the other party's written authority (except to the individual to whom the personal information relates) and notify the other party immediately if it becomes aware that a disclosure of personal information may be required by law; and
(c) comply with all legislation, principles, industry codes and policies by which we are bound (including without limitation the Privacy Act 1988 ), and by which one party tells the other it is bound, in connection with the personal information disclosed to that party.
14.4 When you register, you can choose not to be contacted by us in this way. Any of our users can also contact us at any time to ask to be removed from our list. If you wish to remove your details, you should contact us by email: info@webjinglesonline.com . On registration, you will be provided with an opportunity to opt-out of receiving information from WJO and our Sponsors.
14.5 We do not assume any responsibility for the privacy policy of external websites that are linked to our web site.
15. Term and Termination
15.1 Unless otherwise provided in a separate agreement you have entered into with WJO, use of and access to the Site are not subject to any particular time limits. Without prejudice to the accrued rights of any party, these Terms may be terminated at any time by either party without cause. You may terminate these Terms by simply discontinuing your use of the Site. WJO may terminate these Terms and your use of the Site at any time by electronic notice. These Terms shall terminate automatically without notice from WJO in its sole discretion, in the event you commit a breach of any provision of these Terms and/or any terms and conditions set out in a separate agreement you have entered into with WJO.
15.2 Notwithstanding the provisions of this paragraph, paragraphs 12, 13 and 14 of these Terms shall survive a termination of the Terms and shall remain in full force and effect thereafter.
16. Force Majeure
WJO shall have no liability for an event of Force Majeure that is an event or set of circumstances that is or are outside the reasonable control of WJO .
17. Headings
The paragraph headings in these Terms are used solely for the sake of convenience and shall not have any legal or contractual significance.
18. Entire Agreement
These Terms, as amended from time to time, and any other terms of business on the Site shall constitute the entire agreement between you and WJO in relation to your use of and access to the Site.
19. Severability
If any provision of these Terms is held to be invalid or unenforceable, then the remaining provisions of the Terms and of the paragraph in question shall remain in full force and effect.
20. Waiver
No delay or omission on the part of WJO in exercising any right, power or remedy under these Terms shall impair or detract from such right, power or remedy or operate as a waiver thereof.
21. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Australia. By accessing the Site, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales (Australia).